CHAPTER 42

FORMERLY

HOUSE BILL NO. 190

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 39, TITLE 31, DELAWARE CODE, RELATING TO ADULT PROTECTIVE SERVICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two—thirds of all members elected to each House thereof concurring therein):

Section 1. Amend §3902, Chapter 39, Title 31, Delaware Code, by adding thereto new paragraphs 16 through 19 to read as follows:

"(16) 'Abuse' means: (a) physical abuse by intentionally and

unnecessarily inflicting pain or injury on an infirm adult, or (b) a pattern of emotional abuse, which includes but is not limited to, ridiculing or demeaning an infirm adult, making derogatory remarks to an infirm adult, or cursing or threatening to inflict physical or emotional harm on an infirm adult.

(17) 'Caregiver' means any adult who has assumed the permanent or temporary care, custody or responsibility for the supervision of an infirm adult.

(1) 'Mistreatment' means the intentional failure to provide appropriate physical or emotional care to an infirm adult, including the intentional, inappropriate use of medications, isolation, or physical or chemical restraints on or of an infirm adult.

(2) 'Neglect' means: (a) intentional lack of attention by a caregiver to physical needs of an infirm adult including but not limited to toileting, bathing, meals and safety; or (b) intentional failure by a caregiver to carry out a treatment plan prescribed by a health care professional for an infirm adult."

Section 2. Amend Chapter 39, Title 31, Delaware Code by adding thereto a new §3913 to read as follows:

"§3913. Violations.

(a) Any person who intentionally abuses, neglects, exploits or mistreats an infirm adult shall be guilty of a Class A misdemeanor.

(b) any person who intentionally exploits an infirm adult by using the infirm adult's resources shall be guilty of a Class A misdemeanor where the value of the resources is less than $500.00 and a Class G felony where the value of the resources is $500.00 or more.

(c) Any person who intentionally abuses, neglects, exploits or mistreats an infirm adult, and, causes bodily harm, permanent disfigurement or permanent disability shall be guilty of a Class D felony. Where the abuse, mistreatment or neglect results in death, such person shall be guilty of a Class A felony.

Section 3. Amend §3911, Title 31, Delaware Code by inserting the phrase "mistreated, neglected," after the phrase "abused," where it appears in the title of §3911, and by inserting the phrase "mistreated, neglected," after the phrase "abused," where it appears in the first sentence of the body of §3911.

Approved June 10, 1991.